Decided on: 4 August 2025
Coram: Justice Aravind Kumar, Justice Sandeep Mehta
Citation: 2025 SCC OnLine SC 1636
“It is now well settled that the testimony of a child victim, if found credible and trustworthy, requires no corroboration.”
Facts
The present petition is of a child victim, under the age of ten at the time of the incident, who was sexually assaulted by her own father, who was convicted for it(for repeatedly committing aggravated penetrative sexual assault upon his own minor daughter), by the trial as well as the high court, eveluting through oral testimony, corroborating evidence pf her elder sister, forensic and medical records, sentended life imprisonment and fine under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, ‘POCSO Act’) and Section 506 of the Indian Penal Code has been affirmed.
Section 29 of this act creates a statutory presumption of guilt, once foundational facts are established.
Issues
- Whether the father’s conviction for repeatedly sexually assaulting his 10-year-old daughter under the POCSO Act and IPC should be interfered with by the Supreme Court.
- Whether the petitioner deserves interim bail despite two courts already confirming his guilt on clear and reliable evidence.
Court Analysis
“Such offences deserve nothing but the severest condemnation and deterrent punishment. To pardon such depravity under any guise would be a travesty of justice and a betrayal of the child protection mandate embedded in our constitutional and statutory framework.”
The Court held that such crimes must be strongly condemned and punished with severity. Showing mercy in cases of such cruelty would go against the duty to protect children under the law. Therefore, the petition was dismissed.